Ask a landlord-tenant lawyer and get answers ASAP
he has to show you proof of the damage and the cost of repair.
you can certainly sue for the return of your deposit especially if they have not given you a detailed explanation as to the repairs and the cost. You could also argue that under the terms of the lease the notice requirements were illegal and that they were longer than what Seattle's law were. That is actually an interesting argument since the lease was much longer than what the law allows. I do think a judge would have sympathy on you with regards ***** ***** timing. However, I think the bigger argument is what they are claiming is the damage and what needs to be repaired. Of course, it is expected that there would be normal wear and tear when someone lives at the property and that is to be expected. If you are not satisfied, then I would certainly file suit against him and landlord tenant court to get your deposit back.
I agree with your interpretation but it could be argued that parties can agree to longer time period but not a shorter time frame. In law school they explain that you can go above the floor but remain below the ceiling.
That is why I suggest filing suit that he violated the law but he will argue that the lease gave him more time. I am not saying he is correct just that he can make the argument.
No, I do not think he would be legally bound to notify you that.Was the lease a standard form or was is something that he drafted on his own?
I think that gives you a stronger standing to have the Seattle law apply as opposed to his lease. If it ever did go to court, I would certainly argue the fact that he wrote this lease up on his own which is not compliant with Seattle law and he did not disclose to you that it was not compliant with Seattle law. I could see a judge buying that argument and agreeing with you and releasing your deposit. It is something worth exploring if you do decide to sue for your deposit back.
As I said, I like the argument.
I would sue and he should not have a defense since the time has passed.
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